How to calculate the funeral expenses pension

According to the latest regulations, the funeral expenses pension is calculated as follows: funeral expenses = the average monthly salary standard of the employees in the previous year in the place where the court under appeal is located × 6 months. It is important to note that this is the standard statutory formula. Even if the cost of handling the funeral of the deceased exceeds the total amount of six months of the average monthly salary of the employees in the previous year in the place where the court is prosecuted, the victim does not need to pay the exceeding part, and the family of the deceased will bear the burden themselves.

Funeral expenses refer to the expenses incurred by the victim's relatives for the burial of the victim after the infringement of the natural person's right to life resulted in the victim's death. It is usually spent on the deceased's clothing, cosmetic surgery, storage of the body, transportation, farewell ceremonies, cremation, urns, storage of ashes, and so on. These expenses are clearly a loss of property for which the indemnifier is liable to pay compensation.

It is important to note that the specific standards of funeral expenses and related regulations may vary from region to region and from law to law. Therefore, it is recommended to consult with the relevant local authorities about the specific regulations and requirements during the process.

Legal basis:

Supreme People's Court "on the trial of personal injury compensation cases on the application of law on a number of issues of interpretation" Article 27, funeral expenses in accordance with the location of the court under litigation in the previous year's average monthly salary standards of employees, to the total amount of six months.

It seems that the specific amount of compensation for funeral expenses will produce some changes every year. This requires the person concerned to pay attention to the annual average monthly salary standard of employees in your area.

How do I receive and use funeral expenses?

The application process is:Unit retirees and family members issue death certificates to the unit, and the unit applies to the social security center. The social security center transfers the fee to the unit account, and the unit then transfers the fee to the family. Social retirement, apply directly to the Community Affairs Reception Service Center.

The required materials are: a copy of the death certificate, the applicant's identity card, the applicant's bank account number. If the applicant is an immediate family member of the deceased, i.e. spouse, parents or children, he/she must provide a certificate of family relationship issued by the Public Security Bureau or the township people's government; people other than immediate family members are required to provide a notarized document issued by a notary public to prove the right of inheritance.

Legal basis: the Civil Code (2021.1.1 entry into force), the estate is a citizen's personal legal property left behind at the time of death; and death gratuity is a citizen's death social security given to the deceased close relatives and dependents of the living allowance, funeral expenses are social security given to the relatives of the deceased to deal with the aftermath of a kind of subsidies, all occurred in the deceased after the death of the deceased, and therefore does not belong to the inheritance.